Terms & Condition
Bankruptcy Experts Client Services – Terms and Conditions
Defined terms used in this document and the Agreement have the meaning given in clause 19 of this document.
- Bankruptcy Experts Service Details
You engage and authorise Bankruptcy Experts to provide any of the following services to you:
- Analyse your income, spending and debts.
- Use information that you deem as true and accurate to fill out government forms
- access your credit file if required;
- such other additional services as requested by you (where Bankruptcy Experts has agreed in its sole and absolute discretion to provide such services) and;
- any other services provided by Bankruptcy Experts which are incidental to the above.
- Client Information Provided
- You consent to Bankruptcy Experts collecting, using and storing the information supplied by you as the Client or by authorised parties for the purpose of providing the Services to you and any other associated purpose.
- You acknowledge that if you do not provide accurate information requested by Bankruptcy Experts, Bankruptcy Experts may not be able to (or may choose not to) provide the Services to you.
- You warrant and represent that:
(i) the information supplied by you and any other information you give to Bankruptcy Experts will always be accurate, correct and up to date.
- Changes to information
If you wish to make any changes to your information you must give Bankruptcy Experts at least 4 business days prior written notice to execute the change. Changes include a schedule of payments to be made from your Bankruptcy Experts invoice or to stop individual payments or to add a new payment or notification.
- Authority of Bankruptcy Experts
You hereby authorise Bankruptcy Experts to do any of the following:
- disclose the information you provide to Bankruptcy Experts (including the details you provide in the Client Information Schedule) to: any third parties to the extent required to provide the Services to you; any of Bankruptcy Expert’s related parties; government departments undertaking reviews of the integrity of our operations; organisations providing services or function on our behalf (including document storage services, data entry, data verification, information technology support and others); Bankruptcy Experts advisers; and any person acting on your behalf such as your financial adviser, power of attorney, solicitor or accountant;
- record details of your telephone calls, sms’s and email correspondence with us for record keeping and verification purposes (including after the Term);
- scan, store and hold in electronic form all copies of signed agreements, identification documents and correspondence received by Bankruptcy Experts from you or from any third parties on your behalf from time to time at any location around the world (including after the Term); and
- anything which Bankruptcy Experts is authorised to do under the Letter of Authority.
- Bankruptcy Experts Fees
- In consideration for Bankruptcy Experts providing the Services you must pay the Fees in advance as per the tax invoice.
- Service Establishment Fee (Set Up Fee) including GST – This fee is intended to compensate Bankruptcy Experts for the costs of establishing your account on Bankruptcy Experts system. The Establishment Fee is payable within 7 days after you engage services;
- Account Administration Fee. The Account Administration Fee is intended to compensate Bankruptcy Experts for the management of your information and providing the Services.
- Other Service Fees including GST – This fee is intended to compensate Bankruptcy Experts for the costs associated with the services provided. Service Fees may be charged for, but not limited to, negotiation with service providers, renegotiation, consultancy, Debt Reduction Planning, Budget development, administration work associated with provision of information to client advisors, other services as requested. The Service Fee is payable within 7 days after you enter the Agreement or as otherwise agreed;
- All Fees and payments processed by Bankruptcy Experts will be processed in Australian Dollars (AUD).
- You agree that you are legally liable for all Fees
- All Fees are non-refundable.
- Any consideration to be paid or provided for a supply made by Bankruptcy Experts under or in connection with the Agreement, unless specifically described as ‘GST inclusive’, does not include an amount on account of GST. You must pay to Bankruptcy Experts the amount of any GST at the same time you pay the consideration for the relevant supply.
- Consent to verify your identity
To comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Bankruptcy Experts will need to verify your identity. To do this, we will use the information you provide to us. It may include your name, date of birth and residential address. We may also require supporting documents, such as your Medicare card, passport or driver’s license details.
- As part of the verification process we may verify your details using an identification verification database. We require your permission to electronically access your credit information file as retained by VEDA, a credit reporting agency or any alternate source of identity validation. Please note that the verification process will not have any impact on your credit rating and the contents of your credit information file. We will access the information to verify your identity, collect a list of your creditors and any other relevant tasks to the service.
- By receiving this service from Bankruptcy Experts, you authorise and consent for Bankruptcy Experts to access your credit information file as retained by VEDA or any alternate source of identity validation.
- Working with your creditors
Bankruptcy Experts will not contact your Creditors however we can confirm that you are in fact a mutual client seeking bankruptcy assistance when a creditor contacts a representative of the Bankruptcy Experts office.
- Your obligations
- You must notify Bankruptcy Experts promptly in writing by email or by telephone if a payment is made to Bankruptcy Experts in error. It is important that you give Bankruptcy Experts as much information as you can to help Bankruptcy Experts resolve your concern and provide sufficient time to remedy your concern.
- Before Bankruptcy Experts can complete the Services to you, Bankruptcy Experts is required to verify your identity. You must present such identification documents as requested by Bankruptcy Experts from time to time, including (among others) passport and driver’s licence. This may need to be notarized by a Justice of the Peace. You must comply with any reasonable request by Bankruptcy Experts in order to allow it to verify your identity and comply with the Anti-Money Laundering and Counter-Terrorism Finance Act 2006 and other laws.
- You must provide Bankruptcy Experts with all necessary information to enable Bankruptcy Experts to provide the Services to you and to comply with Bankruptcy Experts obligations under the Agreement and at law.
- Your acknowledgements
You acknowledge and agree that:
- In respect of any information you (or your Creditors, financial advisor or Financial Institutions) provide to Bankruptcy Experts (including, without limitation, any identification documents and the information provided in the Client Information Documents): (i) Bankruptcy Experts will retain copies of such information; and (ii) Bankruptcy Experts will rely on such information and is not required to verify such information;
- Bankruptcy Experts may choose not to retain original documentation after it has been scanned and archived electronically on Bankruptcy Experts system;
- Bankruptcy Experts may engage third parties (including third parties located outside of Australia) to provide any part of the Services (or assist Bankruptcy Experts to provide the Services);
- Bankruptcy Experts is under no obligation to provide the Services or process bills, queries, payments, changes and other parts of the Services outside of regular business hours (being 9:00am to 5:00pm AEST) on Business Days).
- without limiting any other provision in the Agreement, Bankruptcy Experts will take all reasonable care to ensure your requests, queries or complaints are responded to promptly, however unless your requests, queries or complaints in relation to a scheduled payment or event are communicated to Bankruptcy Experts via email within 4 business days prior to the scheduled payment or event, Bankruptcy Experts is not liable for any costs arising in connection with the scheduled payment or event, and in these instances, normal refund policy will apply .
- Limitation of Liability and indemnity
- To the extent permitted by law, Bankruptcy Experts (and its affiliates, officers, employees, contractors and agents) are not liable (in any circumstances) for any cost, damage, expense, loss, claim or liability (including consequential loss or damage) of any kind that you or any third party may suffer or incur arising (directly or indirectly) out of or in connection with:
- (i) your failure to notify Bankruptcy Experts of a payment error within 5 business days of Bankruptcy Experts or its banking partners informing you of the relevant payment;
- (ii) your failure or delay (or the failure or delay of any of your Creditors, Financial Institutions, service providers or other third parties) in providing any information Bankruptcy Experts requests;
- (iii) any information provided to us being inaccurate, incorrect, untruthful, misleading or deceptive;
- (iv) the failure of, or the refusal by, any of your Creditors to accept, vary, review or implement any payment plan, settlement plan or debt agreement;
- (v) any defaults or late or missed payments reported on your credit file;
- (vi) any delay in operation or transmission, down-time or system outage, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, security breach, theft, destruction, alteration or unauthorised access to any records (to the extent it is beyond the reasonable control of Bankruptcy Experts);
- (vii) any breach of your obligations under the Agreement;
- (ix) any matters that fall outside the scope of the Services provided by Bankruptcy Experts to you, whether arising by reference to the provisions of the Agreement, implied terms, tort or otherwise howsoever.
- You agree to fully indemnify Bankruptcy Experts against all cost, damage, expense, loss, claim or liability (including consequential loss or damage and legal fees on a full indemnity basis) of any kind that Bankruptcy Experts may suffer or incur (or which may be brought against Bankruptcy Experts) arising (directly or indirectly) out of or in connection with: (i) any breach of the Agreement by you; (ii) Bankruptcy Experts acting in accordance with your instructions (except where such loss is caused by Bankruptcy Experts negligence); or (iii) any matter referred to in clause 15(a).
- To the maximum extent permitted by law, you acknowledge and agree that:
- subject to any warranties implied by law which cannot be excluded by agreement, all warranties with respect to the Services are hereby expressly excluded; and
- no advice, guarantees, warranties or representations are or have been given (or shall be implied) by Bankruptcy Experts or any of its officers, employees or agents in connection with the Services or any other matter, other than: (A) those which are given or implied by law which cannot lawfully be excluded; and (B) those which are expressly contained in the Agreement.
- Subject to law, if circumstances arise where you are entitled to claim damages from Bankruptcy Experts notwithstanding the provisions of the Agreement and this clause, Bankruptcy Experts total liability to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim from Bankruptcy Experts including, without limitation, negligence) is limited to the lesser of: the amount of any actual loss or direct measurable damage incurred by you; or the Account Administration Fees received from you by Bankruptcy Experts in the preceding 12 months before your claim arose.
- You acknowledge that you have relied upon your own skill and judgement in determining the appropriateness of the Services provided by Bankruptcy Experts for your own particular purposes and you have not been induced to enter into the Agreement or relied on any statement or representation made by Bankruptcy Experts or by any person on Bankruptcy Experts behalf.
- If any warranty or condition is implied by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any corresponding state law, or other relevant legislation, which may not be excluded then, Bankruptcy Experts liability for any breach of such an implied warranty is limited solely to the resupply of the relevant Service or payment to you of the cost of having the Services provided again (at Bankruptcy Experts option).
- In no circumstances will Bankruptcy Experts be liable to you for any consequential damages (including without limitation, loss of or damage to data, loss of profits, loss of savings and loss of revenue indirect or remote or abnormal or unforeseeable loss, loss of actual or anticipated savings, loss of reputation, lost opportunities, loss of use, any exemplary or punitive damages of any kind or any similar loss, ability now or future ability to acquire credit) whether or not in the reasonable contemplation of the parties even if Bankruptcy Experts has been expressly notified of the possibility of such damages.
- Intellectual Property
- Bankruptcy Experts is either the owner or licensed user of all Intellectual Property in the Bankruptcy Experts System (including all material on the Bankruptcy Experts System).
- Nothing in the Agreement gives you any interest in any Intellectual Property (whether in relation to the Bankruptcy Experts System, the material on the Bankruptcy Experts or otherwise).
- You must not: (i) reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on the Bankruptcy Experts System without the written consent of Bankruptcy Experts, other than to the extent necessary to view the material or as permitted by law; (ii) call into question or challenge, directly or indirectly, Bankruptcy Experts right, title or interest in the Intellectual Property; or (iii) make use of the Intellectual Property or any part of it, to the competitive or commercial disadvantage of Bankruptcy Experts.
- Variation of Agreement
- Bankruptcy Experts reserves the right to vary the terms of the Agreement from time to time. Bankruptcy Experts will give you thirty days’ notice in writing (Variation Notice) of such changes which could include (but are not limited to) changes in relation to Fees and charges. The changes will come into effect thirty days after the date of any Variation Notice.
- If you do not agree to the variations set out in the Variation Notice, you can terminate the Agreement by contacting us within 7 days of receiving the Variation Notice by: email at [email protected]
- Complaints Process
- Other important provisions
- Bankruptcy Experts is entitled to offset any amount owing to it by you (including Fees or any amount owing or payable under or in connection with any indemnity given in favour of Bankruptcy Experts) against any amount owed to you by Bankruptcy Experts.
- This Agreement is governed by the laws of the state of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement will be governed, interpreted and construed by, under and pursuant to the laws of Queensland.
- If any of the provisions of the Agreement are invalid or unenforceable it is to be read down so as to enable it to be valid and enforceable or otherwise severed so as to preserve the enforceability of the remaining provisions of the Agreement.
- You confirm and declare that: (a) the provisions of the Agreement are fair and reasonable and you have taken the opportunity to obtain independent legal advice; (b) the provisions of the Agreement are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- You must not assign, novate or otherwise transfer your rights and obligations under the Agreement. Bankruptcy Experts may assign its interest under the Agreement (without your consent). If required by Bankruptcy Experts, you must enter into a deed of novation with Bankruptcy Experts and a third party nominated by Bankruptcy Experts on terms specified by Bankruptcy Experts.
- Bankruptcy Experts owes no fiduciary duties to you and you expressly waive any which might otherwise exist.
- You warrant and represent that you have the legal authority and capacity to enter into and be bound by the Agreement.
- No provision of the Agreement is to be interpreted to the disadvantage of a party because that party (or its representative) drafted that provision.
- The provisions in clauses 14, 15, 16, 20 and 21will survive termination of the Agreement.
‘Bankruptcy Experts’ or ‘us’ or ‘BE’ means Bankruptcy Experts Pty Ltd. The ‘Bankruptcy Experts Account’ is the account where your funds (which are used to make payments under the Personal Cash Management Plan or Arrangements) are held.
‘Bankruptcy Experts System’ means the electronic system operated by Bankruptcy Experts, which includes the website www.bankruptcyexperts.com.au
‘Business Day’ means a day, not being a Saturday, Sunday, public holiday or a day on which banks are not open for business in any State or Territory of Australia.
‘Creditor/s’ means your creditor/s and service provider/s (being any entity which has provided services or credit to you) including, among others, the credit providers of Unsecured Credit Facilities and Secured Credit Facilities that you are obligated to.
‘Fees’ means the fees payable by you to Bankruptcy Experts as set out in the Fees Schedule.
‘Fees Schedule’ means fee details as provided to you at the time of entering an agreement with Bankruptcy Experts as amended from time to time in accordance with the Agreement.
Any Service Package is subject to Client Terms and Conditions.
‘Financial Institution’ means any financial institution with which you have an account, including, among others, the financial institutions (Bank Accounts), Managed Investment Portfolios, Term Deposits and Misc Investments as advised by you.
‘Intellectual Property’ means all present and future rights conferred by statute, common law or equity in or in relation to intellectual property (whether or not registrable) including any know-how, design, layout, database, technology, data, user interfaces, web interfaces and algorithms in connection with the Bankruptcy Experts.